Bill Text: PA HB1945 | 2011-2012 | Regular Session | Introduced

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Bill Title: Providing for eligibility of individuals participating in self-employment assistance activities approved by the secretary.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-10-31 - Referred to LABOR AND INDUSTRY [HB1945 Detail]

Download: Pennsylvania-2011-HB1945-Introduced.html

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PRINTER'S NO. 2667
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1945 Session of2011
INTRODUCED BY KILLION, BOYD, BRADFORD, CALTAGIRONE, CARROLL, CLYMER, COHEN, DALEY, ELLIS, FABRIZIO, FARRY, GEIST, GINGRICH, GRELL, HALUSKA, HARPER, JOSEPHS, KAMPF, KAUFFMAN, KULA, LONGIETTI, MULLERY, MUNDY, MURPHY, MUSTIO, OBERLANDER, O'NEILL, READSHAW, ROSS, SAYLOR, SWANGER, TALLMAN, TRUITT, VULAKOVICH, WAGNER, WATSON, WHITE, YOUNGBLOOD AND QUINN, OCTOBER 31, 2011
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, OCTOBER 31, 2011
AN ACT
Amending the act of December 5, 1936 (2nd Sp.Sess., 1937
P.L.2897, No.1), entitled "An act establishing a system of
unemployment compensation to be administered by the
Department of Labor and Industry and its existing and newly
created agencies with personnel (with certain exceptions)
selected on a civil service basis; requiring employers to
keep records and make reports, and certain employers to pay
contributions based on payrolls to provide moneys for the
payment of compensation to certain unemployed persons;
providing procedure and administrative details for the
determination, payment and collection of such contributions
and the payment of such compensation; providing for
cooperation with the Federal Government and its agencies;
creating certain special funds in the custody of the State
Treasurer; and prescribing penalties," providing for
eligibility of individuals participating in self-employment
assistance activities approved by the secretary.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of December 5, 1936 (2nd Sp.Sess., 1937
P.L.2897, No.1), known as the Unemployment Compensation Law, is
amended by adding a section to read:
Section 402.7. Eligibility of Individuals Participating in
Self-employment Assistance Activities Approved by the
Secretary.--(a) Notwithstanding the limitation in section
402(h), individuals participating in approved self-employment
activities shall be eligible for continued compensation under
the terms of this section.
(b) The weekly amount of self-employment assistance
allowance payable to an individual under this section is equal
to the weekly benefit amount for regular benefits otherwise
payable under section 404.
(c) The amount of self-employment assistance allowance an
individual may receive shall be equal to the amount of regular
benefits remaining for the individual in the benefit year.
(d) The following eligibility requirements apply to the
payment of self-employment assistance allowance under this
section:
(1) The individual is eligible to receive regular benefits.
(2) The individual is identified by the claimant profiling
system as an individual likely to exhaust regular benefits.
(3) The individual has filed an application for
participation in self-employment assistance activities within
sixty (60) days of filing an initial application for regular
benefits.
(4) At the time the application is filed, the individual
has:
(A) A balance of regular benefits equal to at least sixteen
(16) times the individual's weekly benefits amount.
(B) At least sixteen (16) weeks remaining in the
individual's benefit year.
(5) The individual has been accepted into a program approved
by the secretary that will provide self-employment assistance
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activities.
(6) Is participating in self-employment assistance
activities.
(7) Is actively engaged on a full-time basis in self-
employment assistance activities which may include training
related to establishing a business and becoming self-employed.
(8) Has filed a weekly claim for the self-employment
assistance allowance and provided the information the secretary
prescribes, including a log of self-employment activities and a
report of income received as a result of the activities.
(e) An individual who is participating in approved self-
employment assistance activities shall not be subject to the
requirements of section 402(a) and (j).
(f) Self-employment assistance allowance payments shall not
be charged or assessed to an employer's reserve account.
(g) An amount of self-employment income reported under
subsection (e)(8) in excess of the partial benefit credit
determined for regular benefits shall be offset against self-
employment assistance allowance.
(h) This section shall apply to weekly claims filed on or
after the effective date of regulations promulgated by the
department to administer this section.
(i) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Self-employment assistance activities" means activities
approved by the secretary in which the individual participates
for the purposes of establishing a business and becoming self-
employed. Such activities must include, but are not limited to,
entrepreneurial training, business counseling and technical
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assistance.
"Self-employment assistance allowance" means an allowance
payable, in lieu of regular benefits, from the Unemployment
Compensation Trust Fund, to an individual who meets the
requirements of this section.
Section 2. This act shall take effect immediately.
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